§ 73.5002 Application and certification procedures; return of mutually
exclusive applications not subject to competitive bidding procedures;
prohibition of collusion.
(a) Prior to any broadcast service auction, the Commission will issue a
public notice announcing the upcoming auction and specifying the period
during which all applicants seeking to participate in an auction, and
all applicants for noncommercial educational broadcast stations, as
described in 47 U.S.C. 397(6), on non-reserved channels, must file
their applications for new broadcast facilities or for major changes to
existing facilities. Broadcast service applications for new facilities
or for major modifications will be accepted only during these specified
periods. This initial and other public notices will contain information
about the completion and submission of applications to participate in
the broadcast auction, and applications for noncommercial educational
broadcast stations, as described in 47 U.S.C. 397(6), on non-reserved
channels, as well as any materials that must accompany the
applications, and any filing fee that must accompany the applications
or any upfront payments that will need to be submitted. Such public
notices will also, in the event mutually exclusive applications are
filed for broadcast construction permits that must be resolved through
competitive bidding, contain information about the method of
competitive bidding to be used and more detailed instructions on
submitting bids and otherwise participating in the auction. In the
event applications are submitted that are not mutually exclusive with
any other application in the same service, or in the event that any
applications that are submitted that had been mutually exclusive with
other applications in the same service are resolved as a result of the
dismissal or modification of any applications, the non-mutually
exclusive applications will be identified by public notice and will not
be subject to auction.
(b) To participate in broadcast service auctions, or to apply for a
noncommercial educational station, as described in 47 U.S.C. 397(6), on
a non-reserved channel, all applicants must timely submit short-form
applications (FCC Form 175), along with all required certifications,
information and exhibits, pursuant to the provisions of § 1.2105(a) of
this chapter and any Commission public notices. So determinations of
mutual exclusivity for auction purposes can be made, applicants for
non-table broadcast services must also submit the engineering data
contained in the appropriate FCC form (FCC Form 301, FCC Form 346, or
FCC Form 349). Beginning January 1, 1999, all short-form applications
must be filed electronically. If any application for a noncommercial
educational broadcast station, as described in 47 U.S.C. 397(6), is
mutually exclusive with applications for commercial broadcast stations,
and the applicants that have the opportunity to resolve the mutually
exclusivity pursuant to paragraphs (c) and (d) of this section fail to
do so, the application for noncommercial educational broadcast station,
as described in 47 U.S.C. 397(6), will be returned as unacceptable for
filing, and the remaining applications for commercial broadcast
stations will be processed in accordance with competitive bidding
procedures.
(c) Applicants in all broadcast service auctions, and applicants for
noncommercial educational stations, as described in 47 U.S.C. 397(6),
on non-reserved channels will be subject to the provisions of
§ 1.2105(b) of this chapter regarding the modification and dismissal of
their short-form applications. Notwithstanding the general
applicability of § 1.2105(b) of this chapter to broadcast auctions, and
applicants for noncommercial educational stations, as described in 47
U.S.C. 397(6), on non-reserved channels, the following applicants will
be permitted to resolve their mutual exclusivities by making amendments
to their engineering submissions following the filing of their
short-form applications:
(1) Applicants for all broadcast services who file major modification
applications that are mutually exclusive with each other;
(2) Applicants for all broadcast services who file major modification
and new station applications that are mutually exclusive with each
other; or
(3) Applicants for the secondary broadcast services who file
applications for new stations that are mutually exclusive with each
other.
(d) The prohibition of collusion set forth in § 1.2105(c) of this
chapter, which becomes effective upon the filing of short-form
applications, shall apply to all broadcast service auctions.
Notwithstanding the general applicability of § 1.2105(c) of this
chapter to broadcast auctions, the following applicants will be
permitted to resolve their mutual exclusivities by means of engineering
solutions or settlements during a limited period after the filing of
short-form applications, as further specified by Commission public
notices:
(1) Applicants for all broadcast services who file major modification
applications that are mutually exclusive with each other;
(2) Applicants for all broadcast services who file major modification
and new station applications that are mutually exclusive with each
other; or
(3) Applicants for the secondary broadcast services who file
applications for new stations that are mutually exclusive with each
other.
(e) Applicants seeking to resolve their mutual exclusivities by means
of engineering solution or settlement during a limited period as
specified by public notice, pursuant to paragraph (d) of this section,
may submit a non-universal engineering solution or settlement proposal,
so long as such engineering solution or settlement proposal results in
the grant of at least one application from the mutually exclusive
group. A technical amendment submitted under this subsection must
resolve all of the applicant's mutual exclusivities with respect to the
other applications in the specified mutually exclusive application
group.
[ 69 FR 72043 , Dec. 10, 2004, as amended at 75 FR 9806 , Mar. 4, 2010]
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